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Is EARTHICAL trademarked in India?

6 applications advertised in the Trade Marks Journal · classes 3, 29, 30, 31, 35, 43 · latest 13 February 2023

Yes, "EARTHICAL" has been applied for as a trademark in India. 6 applications under this name were advertised in the Trade Marks Journal between 6 September 2021 and 13 February 2023, in class 3 (cosmetics and cleaning), class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 31 (fresh produce and agriculture), class 35 (advertising, business and retail) and class 43 (food services and accommodation), by 6 individual applicants. The opposition windows have closed.

6 applications named EARTHICAL

ApplicationClassApplicantFiledAdvertisedOpposition
5448534Earthical 3Cosmetics and cleaning Individual applicant (S. A.) 14 May 2022 No. 209113 February 2023 closed13 June 2023
5087455EARTHICAL 29Meat, dairy and processed food Individual applicant (M. B.) 13 August 2021 No. 201927 September 2021 closed27 January 2022
5087456EARTHICAL 30Staples, spices and confectionery Individual applicant (M. B.) 13 August 2021 No. 20166 September 2021 closed6 January 2022
5087457EARTHICAL 31Fresh produce and agriculture Individual applicant (M. B.) 13 August 2021 No. 20166 September 2021 closed6 January 2022
5087458EARTHICAL 35Advertising, business and retail Individual applicant (M. B.) 13 August 2021 No. 20166 September 2021 closed6 January 2022
5087459EARTHICAL 43Food services and accommodation Individual applicant (M. B.) 13 August 2021 No. 20166 September 2021 closed6 January 2022

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5448534

Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.

Proposed to be used · Mumbai office · full journal entry

Class 29: Meat, dairy and processed food · application 5087455

MEAT, FISH, POULTRY, MEAT EXTRACTS, PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS, FLAVOURED NUTS / FLAVORED NUTS, CANDIED NUTS, HAZELNUTS, PEANUTS, PREPARED,NUTS, PREPARED, CRYSTALLIZED FRUITS / FROSTED FRUITS, FROZEN FRUITS, FRUITS, TINNED / FRUITS, CANNED, SEEDS, PREPARED, SUNFLOWER SEEDS, PREPARED, FRUIT PULP, PICKLES, PICKLED GINGER, FRUIT…

Proposed to be used · Delhi office · full journal entry

Class 30: Staples, spices and confectionery · application 5087456

COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE; YEAST, BAKING POWDER; SALT, MUSTARD; VINEGAR, SAUCES, (CONDIMENTS); SPICES; ICE,CEREAL-BASED SNACKFOOD, RICE-BASED SNACKFOOD, CARAMELS [SWEETS] / CARAMELS [CANDIES],PEPPERMINT SWEETS, SWEETS / CANDIES, CINNAMON [SPICE], CLOVES [SPICE], CURRY [SPICE]…

Proposed to be used · Delhi office · full journal entry

Class 31: Fresh produce and agriculture · application 5087457

AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT.

Proposed to be used · Delhi office · full journal entry

Class 35: Advertising, business and retail · application 5087458

ADVERTISING, BUSINESS MANAGEMENT, BUSINESS ADMINISTRATION, OFFICE FUNCTIONS, TO DEAL IN FOOD ITEMS, CLOTHING, READYMADE GARMENTS, HEADGEAR, IMITATION JEWELRY,FOOTWEAR, OPERATE RETAIL STORES, WHOLESALE OUTLETS, ENABLINGCUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODSTHROUGH VENDING MACHINES, MAIL ORDER CATALOGUES, BY MEANS OFELECTRONIC MEDIA, WEB SITES OR TELEVISION SHOPPING PROGRAMMESAND PROVIDE PLATFORM TO…

Proposed to be used · Delhi office · full journal entry

Class 43: Food services and accommodation · application 5087459

SERVICES FOR PROVIDING FOOD AND DRINK, BAR SERVICES, BOARDING HOUSEBOOKINGS,CAFÉ SERVICES, CAFETERIA SERVICES, CAKE DECORATING,PROVIDING CAMP GROUND FACILITIES, CANTEEN SERVICES, RENTAL OF CHAIRS, TABLES, TABLE LINEN, GLASSWARE, RENTAL OF COOKING APPARATUS,DECORATING OF FOOD, FOOD AND DRINK CATERING, FOOD SCULPTING, OPERATING HOTEL, RESTAURANTS, EATING HOUSES

Proposed to be used · Delhi office · full journal entry

Can I use or register "EARTHICAL"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 31 (fresh produce and agriculture), class 35 (advertising, business and retail) and class 43 (food services and accommodation), a new application for an identical or confusingly similar name is likely to be objected to by the Registry under Section 11 of the Trade Marks Act, 1999, or opposed by the earlier applicant. Closely related classes, such as class 5 (pharmaceuticals and health), class 21 (household and kitchenware), class 44 (medical, beauty and agricultural services) and class 32 (beverages, non-alcoholic), carry the same risk.

For unrelated goods, often yes. The same word can be registered by different owners in different classes when the goods are unrelated and the earlier mark is not well known. "EARTHICAL" appears in 6 classes; the other 39 may still be open, subject to a search.

A small change rarely helps. Adding a word, changing a letter or using a logo does not avoid conflict on its own: marks are compared as a whole, by look, sound and idea. We already see 6 similar names in the same classes (below).

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Similar names in the journal

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about EARTHICAL

Is EARTHICAL a registered trademark?

EARTHICAL has been applied for and advertised in the Trade Marks Journal (6 applications, latest on 13 February 2023). Advertisement means the Registry accepted the application; it is registered only if no opposition succeeds within four months of the journal date. The journal does not record the later outcome, so check the live register before relying on it.

Who applied for the EARTHICAL trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to EARTHICAL?

Not for the same or related goods in class 3, class 29, class 30, class 31, class 35, class 43: a confusingly similar name is likely to be refused or opposed. For unrelated goods it may be possible after a search. Ask for a free availability report before you file.

What does "advertised" mean? Read trademark status meanings, how long registration takes and how to run a trademark search.

Source and limits. Built from the Trade Marks Journal published by the Registrar of Trade Marks (a public record), issues from August 2021 onwards, as advertised and subject to transcription errors. The journal shows that an application was accepted and advertised; it does not show what happened afterwards (registration, opposition, withdrawal or abandonment), applications not yet advertised, or marks advertised before August 2021, so this is not the live register status. Applicants may ask for a correction or removal by writing to mehak@trademarkindia.pro. Information only, not legal advice and not a solicitation.

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